YAMADA et al. V. PRIMO et al. AND PRIMO et al. V. YAMADA et al. - Page 2




                 Interference No. 104,320                                                                                                               
                 Yamada v. Primo (Count 1)                                                                                                              
                 Primo v. Yamada (Count 2)                                                                                                              

                                                              _______________                                                                           
                                                                    JUDGMENT                                                                            
                          This interference was declared on December 24, 1998, with                                                                     
                 counts 1 and 2.  As was clarified in Paper No. 22, because of                                                                          
                 different benefit dates accorded to count 1  and count 2 ,                   3                  4                                      
                 party Primo is senior party for count 1 but junior party for                                                                           
                 count 2, and party Yamada is senior party for count 2 but                                                                              
                 junior party for count 1.  Moreover, because of the                                                                                    
                 relationship in subject matter between counts 1 and 2, each                                                                            
                 party has claims which correspond to both counts 1 and 2,                                                                              
                 i.e., party Primo’s claims 11, 12, 14, 15, 16, 22 and 23, and                                                                          
                 party Yamada’s claims 1, 2 and 3.  As was expressly stated on                                                                          
                 page 42 of the Notice Declaring the Interference (Paper No.                                                                            
                 1):                                                                                                                                    


                          3As for count 1, Primo’s involved application                                                                                 
                 08/580,389, filed December 28, 1995, has been accorded the                                                                             
                 benefit of application 08/376,441, filed January 23, 1995,                                                                             
                 application 07/989,364, filed December 11, 1992, application                                                                           
                 07/682,388, filed April 9, 1991, and EP 90200969.5, filed                                                                              
                 April 19, 1990.                                                                                                                        
                          4As for count 2, Primo’s involved application                                                                                 
                 08/580,389, filed December 28, 1995, has been accorded the                                                                             
                 benefit of application 08/376,441, filed January 23, 1995, and                                                                         
                 application 07/989,364, filed December 11, 1992.                                                                                       
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